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Board Bans Hold-Harmless Language in Settlement Agreements

Wednesday, March 4, 2020 | 0

The New York Workers' Compensation Board will no longer approve settlements that require the claimant to indemnify or hold insurers harmless if Medicare demands reimbursement in the future. “Given the disparity in bargaining power and financial resources between individual claimants and insurance carriers, the board believes such provisions, regardless of the particular liability for which the carrier seeks indemnification, are unfair and unconscionable,” reads a bulletin posted Monday. The board in 2009 announced it would not approve Section 32 waiver agreements that req...

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